Migration Law

MIGRATION LAW - BUSINESS MIGRATION SPECIALISTS

Brophy Tan & Associates’ migration agents are registered with the Office of Migration Agents Registration Authority (OMARA) and are members of the Migration Institute of Australia (MIA). Our migration agents are also lawyers who hold current practising certificates with the Supreme Court of Victoria.

Our bi-lingual migration lawyers are accredited with the Law Institute of Victoria (LIV), which recognises their specific legal expertise in the field.

We specialise in all areas of migration to Australia, including :

  • Skilled migration onshore and offshore
  • Special Investor Visa applications
  • Student visa applications
  • Sponsorship of overseas employees to work temporarily or permanently in Australia by Australian / overseas businesses
  • Spouse / Interdependent migration and residency
  • Business migration
  • Citizenship and Resident Return Visas
  • Review applications, including Migration Review Tribunal, Administrative Appeals and Judicial Review
  • Complex immigration issues

Brophy Tan offers a full range of professional services that include assessment of migration.  We provide options, assistance in preparing migration applications, checking of documentation, preparing of submissions, application lodgment and all necessary liaison and follow up action with the Department of Immigration and Citizenship.

Brophy Tan’s migration agents comply with the Code of Conduct of the Australian Migration Agents' Registration Authority (MARA).

Visa Information

There are 5 main categories of Australian visas:

1. SKILLED MIGRATION

These visas are points tested.  You must be under 45, have a nominated occupation which is approved, as well as work experience.  Most occupations require a formal qualification, and this is assessed by the relevant authority.

Points are awarded primarily for age, qualifications, work experience and English language ability.

Additional points are given for the applicant’s spouse’s occupation and experience, if the applicant has an Australian educational qualification, and if the nominated occupation is in demand. For an occupation in demand, a job offer gives even more points.

Bonus points are given if the applicant meets certain other criteria.

2. EMPLOYER SPONSORED

If you have an eligible skilled occupation with recent work experience in that occupation and you have found an employer in Australia then you can obtain a temporary or a permanent work visa to work for that employer.

Temporary work visas can be up to 4 years which can be rolled over for additional 4 year periods.

Permanent work visas have Vocational English language requirements in major cities of Australia but can be the lower functional level in regional or remote areas.

3. BUSINESS MIGRATION

The Federal Government’s Business Migration Program is seeking to attract people with a proven record of business skills and expertise, based on the level of experience gained as a successful owner, senior executive or investor, to develop a business in Australia.

There is one permanent resident visa (Business Talent), the others are 4 year provisional visas. For these, you will be required to meet additional criteria within the 4 years to apply for permanent residence.

For all the provisional business visas, there are “independent” and “state/territory government sponsored” routes.

The “state/territory government sponsored” visas have less stringent criteria but requires the applicant to have secured the sponsorship of the particular state/territory government where the business will be located.

4. FAMILY MIGRATION

Obtaining a permanent resident visa as a Partner is usually a 2-step process. Initially, the provisional visa is granted, and two years thereafter, the permanent visa. Relationships include married, de-facto or same sex.

The Parent visa is for parents meeting the balance of family test.  This visa is capped at 1,000 per year.

The Contributory Parent visa is capped at 3,500 per year and requires visa applicants to pay a health charge per adult to apply directly for a permanent visa. This would allow parents to apply for a two year temporary visa with access to Medicare and full work rights.  At any point during this two year period, parents can apply for a permanent visa by paying the balance of the health charge.  The visa holder will be required to lodge an Assurance of Support bond to help cover any social security costs in the first 10 years of permanent residence.

The Aged Dependent Relative visa is for a single “acceptable” aged relative who is dependent on their sponsor (for food, clothing and shelter) and has been for a reasonable time.

The Remaining Relative visa is for the last member of the immediate family residing outside Australia, who has no other near relatives living outside Australia. (Parents cannot be sponsored as remaining relatives.)

5. STUDENT VISAS

There are student visas which are temporary and are granted for the duration of the applicant’s studies.
On award of your degree, diploma or trade, you may be eligible for one of the following permanent visas which are points tested:

  • Skilled – Independent Overseas Student
  • Skilled – Australian-sponsored Overseas Student
  • Skilled – Designated Area-sponsored Overseas Student.